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[quote=Anonymous]OP, I agree with others who suggest getting an appointment for a private neuropsych.  These are often booked months in advance and the full written report, which is necessary in order to work with the school, is often not available for another 6-8 weeks.

In the meanwhile, I STRONGLY suggest you write a letter to the school requesting an IEP for your child on the basis that you suspect ADHD Inattentive with Executive Dysfunction which is having an impact on his ability to complete the homework in school, which is an "adverse impact on education".

Is the change in math classes a move "down"?  If so, I would also reflect this as an "adverse impact".  If not, then why the change?  It is not appropriate to reduce the educational opportunities for a child with a disability (and under the law, ADHD can be a "disability").  A child with a disability has a legal right to accommodations and special instruction to access and perform in a class that is commensurate with ability. (And if your child has never been tested, then no one has any idea what his "ability" is.  The school will assume he is "average" which can mean as low as the 25th percentile in achievement, but it is often the case that the measured IQ indicates a much higher ability than that.)

Once you file the written request for the IEP, the school is obligated to meet with you within 30 days.  This first meeting is the "IEP Screening Meeting," where the IEP team (of which you are a member) decides whether there is "reasonable suspicion" of a "disability".

In order to get thru the "IEP Screening", you need to make a plausible argument in three separate areas -- 1) disorder, 2) adverse impact and 3)  need for special instruction.  In your case, it sounds like your son might have ADHD/Inattentive with Executive Function problems and/or slow processing.  ADHD qualifies as a "disorder" under the "other health impairment category" in the federal IDEA law.  (The federal law is essentially the legal underpinning for the IEP process.)

You will have to show how this disorder is having an adverse educational impact.  Proving "adverse educational impact" doesn't mean showing that grades are failing (although that would make it easier), but the adverse impact can really be in any area that drags down overall performance.  Not writing, doing and/or turning in homework consistently is actually a classic problem that ADD/Inattentive kids have and failure to do homework is definitely an "adverse impact" even if it is only 10% of the grade.

Finally, you will have to show "need for specialized instruction".  Kids with ADHD often need special instruction on how to organize their homework in order to be successful.  You are essentially doing that already by organizing his binder and coaching him, but that is the school's job too.  His teacher should be checking what he has written down as an assignment every day and that he has necessary materials (like worksheet or textbook) and specifically prompting him to turn it in.

If you "pass" the "IEP Screening," the school will have 60 days to do a psychoeducational evaluation of your child for FREE.  They must share the results with you prior to the "IEP Determination Meeting."  Typically, an school psychologist assigned to the cluster will do this.  While I think the quality is often lower than a private neuropsych, it costs you nothing, and you can still have the private neuropsych do the full testing when your appointment finally rolls around months from now.

I advise that you ask for an IEP and not a 504 plan.  The IEP has more legal protections that help you ensure that the support is actually being provided, and better monitors his progress.  The IEP also has more specific timeline protections. (The whole IEP process from first written request to final written IEP plan must happen within 120 days, unless you waive the timeline requirements.)

Also, the composition of the IEP team has specific legal requirements.  Although there is a requirement to assess under 504 law, it is not mandatory in the same way as it is for the IEP.  Also, if you decide that the 504 plan will not be enough, all the time spent in the 504 process occurs while the clock is NOT ticking.  You would have to refile and new meetings would have to be called to include the legally mandated IEP participants.  By contrast, if you ask for an IEP plan, if the IEP team decides an IEP is NOT appropriate, they can consider on the spot in the alternative a 504 plan.

If the worst happens and you are not approved for an IEP, then you will have your private neuropsych lined up.  Based on the results of that, which qualifies as "new information" you can simply refile for the IEP again.  IME, once the team knows you're serious and won't go away, they often give you the IEP.  [/quote]

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